Download or read book The Environmental Decade in Court written by Lettie M. Wenner and published by . This book was released on 1982-06-22 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The passage of the National Environmental Policy Act (NEPA) in 1969 signaled a new era for American law, when both proponents and opponents of strict safeguards on the environment looked more and more to the courts to settle their disputes. Lettie M. Wenner examines the role of the federal judiciary in implementing environmental laws in the ten years after the passage of the NEPA. Her major focus is on the overall policy patterns that emerged from court decisions on environmental issues during this period, demonstrating the function of the courts as a public policy maker. The author concludes that, in general, the federal courts have proven to be more environmentally oriented when they have faced specific enforcement demands in the context of pollution control laws than when they have been asked to make broad policy decisions based on discretionary laws.

Download or read book The Environmental Decade in Court written by Lettie M. Wenner and published by . This book was released on with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The passage of the National Environmental Policy Act (NEPA) in 1969signaled a new era for American law, when both proponents and opponents of strictsafeguards on the environment looked more and more to the courts to settle theirdisputes. Lettie M. Wenner examines the role of the federal judiciary inimplementing environmental laws in the ten years after the passage of the NEPA. Hermajor focus is on the overall policy patterns that emerged from court decisions onenvironmental issues during this period, demonstrating the function of the courts asa public policy maker. The author concludes that, in general, the federal courtshave proven to be more environmentally oriented when they have faced specificenforcement demands in the context of pollution control laws than when they havebeen asked to make broad policy decisions based on discretionary laws.

Download or read book The Rule of Five written by Richard J. Lazarus and published by Belknap Press. This book was released on 2020 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: A renowned Supreme Court advocate tells the inside story of Massachusetts v. EPA, the landmark case that made it possible for the EPA to regulate greenhouse gasses--from the Bush administration's fierce opposition, to the internecine conflicts among the petitioners, to the razor-thin 5-4 victory.

Download or read book The Making of Environmental Law written by Richard J. Lazarus and published by University of Chicago Press. This book was released on 2023-02-15 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: An updated and passionate second edition of a foundational book. How did environmental law first emerge in the United States? Why has it evolved in the ways that it has? And what are the unique challenges inherent to environmental lawmaking in general and in the United States in particular? Since its first edition, The Making of Environmental Law has been foundational to our understanding of these questions. For the second edition, Richard J. Lazarus returns to his landmark book and takes stock of developments over the last two decades. Drawing on many years of experience on the frontlines of legal and policy battles, Lazarus provides a theoretical overview of the challenges that environmental protection poses for lawmaking, related to both the distinctive features of US lawmaking institutions and the spatial and temporal dimensions of ecological change. The book explains why environmental law emerged in the manner and form that it did in the 1970s and traces how it developed over sequent decades through key laws and controversies. New chapters, composing more than half of the second edition, examine a host of recent developments. These include how Congress dropped out of environmental lawmaking in the early twenty-first century; the shifting role of the judiciary; long-overdue efforts to provide environmental justice to disadvantaged communities; and the destabilization of environmental law that has resulted from the election of Presidents with dramatically clashing environmental policies. As the nation’s partisan divide has grown deeper and the challenge of climate change has dramatically raised the perceived stakes for opposing interests, environmental law is facing its greatest challenges yet. This book is essential reading for understanding where we have been and what challenges and opportunities lie ahead.

Download or read book Before Earth Day written by Karl Boyd Brooks and published by University Press of Kansas. This book was released on 2012-03-09 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most Americans--even environmentalists--date the emergence of laws protecting nature to the early 1970s. But Karl Boyd Brooks shows that, far from being a product of that activist decade, American environmental law emerged well before the first Earth Day, often in unexpected places far from Capitol Hill. Surveying the landscape from the end of World War II to Earth Day 1970, Brooks traces a dramatic shift in Americans' relationship to the environment and the emergence of new environmental statutes. He takes readers into legislative hearing rooms, lawyers' conferences, and administrators' offices to describe how Americans forged a new body of law that reflected their hopes for rescuing the land from air pollution, deforestation, and other potential threats. For while previous law had treated nature as a commodity, more and more Americans had come to see it as a national treasure worth preserving. Brooks explores the way key features of the New Deal's legal legacy influenced environmental law. This path-breaking environmental history examines how cultural, intellectual, and economic changes in postwar America brought about new solutions to environmental problems that threatened public health and degraded natural aesthetics. Visiting riverbanks and freeways, duck blinds and airsheds, Before Earth Day reveals the new strategies and efforts by which the unceasing process of legal change created environmental law. And through real-world examples-how Los Angelenos pressed cases about water and air quality, how an Idaho lawyer helped clients pursue new environmental regulations, how citizens challenged government and corporate plans to dam rivers-Brooks demonstrates that key changes in property, procedure, contract, and other legal rules in those early years stimulated the national environmental laws to come. Gracefully written and meticulously researched, Brooks's work dramatically updates our understanding of the origins of environmental law. By taking the postwar years more seriously, he shows that earlier actions across the country played a central role in shaping the structure and goals of well-known federal laws passed during the "environmental decade" of the seventies. Before Earth Day describes nothing less than an entirely new way of thinking, as environmental law emerged from local jurisdictions to reshape national agendas, firing the popular imagination and only then remodeling law school curricula. A long-needed corrective to standard political and legal history, it demonstrates both the longstanding environmental concerns of Americans and the resilience of law.

Download or read book Comparative and Global Environmental Law and Policy written by Tseming Yang and published by Aspen Publishing. This book was released on 2019-09-13 with total page 1222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading scholars and experts with extensive practice and teaching experience in the field, Comparative and Global Environmental Law and Policy offers a student-friendly approach to the study of a rapidly evolving and important area of law. Its multi-jurisdictional selection of judicial opinions and legal materials introduces students to the worldwide reach of environmental law. Through its substance, the book familiarizes students not only with governing and emerging legal principles but also demonstrates how legal norms are applied to specific issues and contexts, illustrating how law-on-the-books becomes law-in-action. Student understanding is reinforced by problem exercises and discussion questions. Professors and students will benefit from: A multi-jurisdictional selection of environmental law cases and regulatory materials from across the world, with many cases from the developing world and emerging economies. Separate chapters on rapidly evolving and critical topics such as rights of nature, sustainability, corporations and private environmental governance, human rights and the environment, and climate change. Presentation of basic background principles of environmental law, institutions, and governance and their operation in international, national and subnational systems, including indigenous governance systems. Emphasis across the book on issues of institutions and governance as well as enforcement and effectiveness. Judicial opinions providing an authoritative articulation of how legal principles are applied in various systems. Numerous problem exercises and discussion questions to introduce topics and reinforce concepts and materials. Integrated perspective on the relationship of international and transnational environmental law, national environmental law, environmental norms and principles in other settings such as in private environmental governance, and governance institutions.

Download or read book International Courts and Environmental Protection written by Tim Stephens and published by Cambridge University Press. This book was released on 2009-02-12 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.

Download or read book Strategies for Environmental Success in an Uncertain Judicial Climate written by Michael Allan Wolf and published by Environmental Law Institute. This book was released on 2005 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last 30 years, we have made great progress in curbing the most obvious pollution largely due to effective enforcement of federal and state environmental statutes. Now, however, there is increasing skepticism of the efficiency and even the constitutionality of our bedrock environmental laws from all branches of the federal government, including the courts. This book is the result of lively debate at the conference Alternative Grounds: Defending the Environment in an Unwelcome Judicial Climate, held on November 11, 2004, and co-sponsored by the University of Florida's Levin College of Law and the Environmental Law Institute. Topics ranged from U.S. Supreme Court trends in environmental law jurisprudence, to innovative federal and state constitutional and statutory arguments that defend environmental protections, to federal provisions most vulnerable to attack on federalism, takings, and separation-of-powers grounds. This thought-provoking and insightful collection of essays provides smart, realistic solutions to the profound and complex legal challenges facing defenders of our environmental protections. With contributions by: Richard J. Lazarus, Sean H. Donahue, Paul Boudreaux, William W. Buzbee, Robert L. Glicksman, Alyson C. Flournoy, Christopher H. Schroeder, Douglas T. Kendall, Susan George, J.B. Ruhl, Donald W. Stever, and Mary Jane Angelo.

Download or read book Dumping In Dixie written by Robert D. Bullard and published by Avalon Publishing - (Westview Press). This book was released on 2008-03-31 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: To be poor, working-class, or a person of color in the United States often means bearing a disproportionate share of the country’s environmental problems. Starting with the premise that all Americans have a basic right to live in a healthy environment, Dumping in Dixie chronicles the efforts of five African American communities, empowered by the civil rights movement, to link environmentalism with issues of social justice. In the third edition, Bullard speaks to us from the front lines of the environmental justice movement about new developments in environmental racism, different organizing strategies, and success stories in the struggle for environmental equity.

Download or read book Environment in the Balance written by Jonathan Z. Cannon and published by Harvard University Press. This book was released on 2015-04-22 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does the green movement remain a transformative force in American life? In Environment in the Balance Jonathan Cannon interprets a wide range of U.S. Supreme Court decisions over four decades and explores the current ferment among activists, to gauge the practical and cultural impact of environmentalism and its future prospects.

Download or read book The Supreme Court and the Environment written by Michael Wolf and published by CQ Press. This book was released on 2011-12-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court and the Environment discusses the body of federal statutory law amassed to fight pollution and conserve natural resources that began with the enactment of the National Environmental Policy Act of 1969. Instead of taking the more traditional route of listing court decisions, The Supreme Court and the Environment puts the actual cases in a subsidiary position, as part of a larger set of documents paired with incisive introductions that illustrate the fascinating and sometimes surprising give-and-take with Congress, federal administrative agencies, state and local governments, environmental organizations, and private companies and industry trade groups that have helped define modern environmental policy. ? From the author: When one views the body of modern environmental law—the decisions and the other key documents—the picture that emerges is not one of Supreme Court dominance. In this legal drama, the justices have most often played supporting roles. While we can find the occasional, memorable soliloquy in a Supreme Court majority, concurring, or dissenting opinion, the leading men and women are more likely found in Congress, administrative agencies, state and local legislatures, nongovernmental organizations, private industry, and state and lower federal courts. ? What one learns from studying the Supreme Court’s environmental law output is that the justices for the most part seem more concerned about more general issues of deference to administrative agencies, the rules of statutory interpretation, the role of legislative history, the requisites for standing, and the nature of the Takings Clause than the narrow issues of entitlement to a clean environment, the notion of an environmental ethic that underlies written statutes and regulations, and concerns about ecological diversity and other environmental values. When we widen the lens, however, and focus on the other documents that make up essential parts of the story of the Supreme Court and the environment—complaints by litigants, briefs by parties and by friends of the court, oral argument transcripts, the occasional stirring dissent, lower court decisions, presidential signing statements and press conference transcripts, media reports and editorials, and legislative responses to high court decisions—we discover what is often missing in the body of Supreme Court decisions. --Michael Allan Wolf

Download or read book Greening Justice written by George William Pring and published by . This book was released on 2009 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This report lays out a decision-making framework for creating an ECT [environmental court and tribunal] that can be useful in different legal cultures and political situations. It provides the tools and support necessary to enhance access to environmental justice in countries around the world that, in turn, will advance the principles of environmental protection, sustainable development, and intergenerational equity through the institutions responsible for delivering environmental justice"--Introd.

Download or read book The Demise of Environmentalism in American Law written by Michael S. Greve and published by American Enterprise Institute. This book was released on 1996 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michael S. Greve argues that environmental values no longer play a formative role in American law -- a sharp and recent change. Although ecological presumptions have some force, the author shows, the emerging legal doctrines are consistent with more efficient and sensible regulation. It would be a mistake, Greve cautions, to look to the judiciary for wholesale regulatory reform: such reform can come only from Congress.

Download or read book Contract with America written by Newt Gingrich and published by Three Rivers Press. This book was released on 1994 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The November 1994 midterm elections were a watershed event, making possible a Repbulican majority in Congress for the first time in forty years. Contract with America, by Newt Gingrich, the new Speaker of the House, Dick Armey, the new Majority Leader, and the House Republicans, charts a bold new political strategy for the entire country. The ten-point program, which forms the basis of this book, was announced in late September. It received the signed support of more than 300 GOP canditates. Their pledge: "If we break this contract, throw us out". Contract with America fleshes out the vision and provides the details of the program that swept the GOP to victory. Among the pressing issues addressed in this important book are: balancing the budget, stopping crime, reforming welfare, reinforcing families, enhancing fairness for seniors, strengthening national defense, cutting government regulations, promoting legal reform, considering term limits, and reducing taxes.

Download or read book Silent Spring written by Rachel Carson and published by Houghton Mifflin Harcourt. This book was released on 2002 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essential, cornerstone book of modern environmentalism is now offered in a handsome 40th anniversary edition which features a new Introduction by activist Terry Tempest Williams and a new Afterword by Carson biographer Linda Lear.

Download or read book Environmental Law Policy written by Zygmunt J. B. Plater and published by . This book was released on 1994 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Environmental Law Policy and Economics written by Nicholas Askounes Ashford and published by MIT Press. This book was released on 2008 with total page 1125 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past twenty-five years have seen a significant evolution in environmental policy, with new environmental legislation and substantive amendments to earlier laws, significant advances in environmental science, and changes in the treatment of science (and scientific uncertainty) by the courts. This book offers a detailed discussion of the important issues in environmental law, policy, and economics, tracing their development over the past few decades through an examination of environmental law cases and commentaries by leading scholars. The authors focus on pollution, addressing both pollution control and prevention, but also emphasize the evaluation, design, and use of the law to stimulate technical change and industrial transformation, arguing that there is a need to address broader issues of sustainable development. Environmental Law, Policy, and Economics,which grew out of courses taught by the authors at MIT, treats the traditional topics covered in most classes in environmental law and policy, including common law and administrative law concepts and the primary federal legislation. But it goes beyond these to address topics not often found in a single volume: the information-based obligations of industry, enforcement of environmental law, market-based and voluntary alternatives to traditional regulation, risk assessment, environmental economics, and technological innovation and diffusion. Countering arguments found in other texts that government should play a reduced role in environmental protection, this book argues that clear, stringent legal requirements--coupled with flexible means for meeting them--and meaningful stakeholder participation are necessary for bringing about environmental improvements and technologicial transformations.